Can anyone give me advice on mechanics’ liens?
We stopped payment on our check to the contractor who did our roof and soffit fascia because he never completed some things (in another couple of threads).
We had a holdback agreement so that he would come back and finish a punchlist of items and we agreed on a date by which he would complete them or else lose a certain amount of money we witheld, assuming that the amount was enough to cover those issues…he had asserted through the whole thing that he would definately be back…so we went with HIS number for holdback, $1,000…he kept saying how that was more than enough to cover what was left but that he would definately be back…and asked for the balance of the payment due. So we gave him a check for $3,000 figuring he was a man of his word. Well, the date came and went and he never even called. The agreement had a 15 day timeframe.
We waited an additional few days and then put the stop payment on it as he hadnt yet cashed our check. We sent a registered letter to him saying that we did so and why and that he needed to contact us.
Lo and behold he found our number and called the day he got the “registered letter reciept” , asking us what it was about…then another call the next day once he found out what it was about…
We just talked to him yesterday evening and we advised him that we intended on getting several estimates from other roofers on fixing what he never finished and then also to have them check his other work because we now had concerns that the $1,000 he suggested wouldnt be enough to cover the costs for repairs/redo…we also told him that we wanted to find out what value the 3 year warranty he sold us was, since we now have no trust in this guy to stand behind it.
We also said we were going to have the building inspector come out and look since he never pulled the permits etc.
Well, all he did was ask “Are you sure you want to do that? Has your attorney said he had faith he could win your case if you pursue it this way?” and got angry…then said he was going to file a mechanics lien withe PA State Attorny General and hung up on us.
So now what?
This guy never pulled permits per the contract, took 4 weeks+ to finish a job that he said would take 1.5-2 weeks, jerked us along left and right, asked for cash payment because he was going through a divorce, etc etc etc etc.
I know this forum is more or less meant for roofers to discuss roofer business and stuff, but hoping that I can get some help from the experts here on how we can defend ourselves against this guy.
This has turned from what should be a exciting time for us (getting our home fixed up) to a headache.
I now see all the red flags that I should have seen all along with this guy. But they do say that hindsight is 20/20.
Thanks in advance for any help.